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Indicted ICE officer freed on $30,000 bond as former Harris County DA Kim Ogg joins his defense
Mario Alberto Morales, accused of running down a fleeing Mexican construction worker with his SUV in Houston, surrendered Monday. A judge set bond well below the $75,000 prosecutors sought, and his lawyers say they will fight to move the case to federal court.
Mario Alberto Morales, the U.S. Immigration and Customs Enforcement officer indicted last week for allegedly running down a fleeing man with his SUV in Houston, turned himself in on Monday, Nov. 2, and left the Harris County courthouse after posting a $30,000 bond.
Morales, 33, appeared before Judge Matthew Peneguy in the 488th District Court on a second-degree felony charge of aggravated assault with a deadly weapon, which carries two to 20 years in prison. According to Houston Public Media, he gave one-word answers when asked whether he understood the charge. NBC News reported that he is the first ICE officer to be indicted in Texas.
Prosecutors wanted $75,000
Prosecutors from District Attorney Sean Teare's office asked for a $75,000 bond, citing the "violent nature" of the case and what they said were admissions of prior drug use uncovered during their investigation. Defense attorney David Lindenmuth asked for $25,000, arguing that Morales is not a flight risk. Peneguy settled on $30,000 and ordered Morales to stay away from the victim and all witnesses. Court records show he posted a non-arrest bond, ABC13 reported.
Morales came to court with a new name on his legal team: former Harris County District Attorney Kim Ogg, who lost the office to Teare in the 2024 Democratic primary and now works at the firm of lead defense attorney Michael Wynne. Ogg did not answer reporters' questions about why she joined the case.
A fight over which court hears the case
After the hearing, Wynne called the prosecution politically motivated, noting that the indictment came on the last day of early voting, and said the defense will seek to move the case to federal court. "We'll press this case and litigate it the way the framers designed it, and that is in a federal forum," he told ABC13. In federal court, Morales could argue he is immune from state prosecution because he was doing his job. Wynne also represents Christian Castro, an ICE officer charged in Minnesota over a January shooting.
Teare said his office is ready for that fight. "We are fully anticipating that. We've been in preparation to combat that. We believe this case will eventually be tried in a Harris County Courthouse," he said.
The Oct. 10 chase
Prosecutors say Morales was chasing Miguel Parra Hernandez, a 48-year-old construction worker from Mexico, through a parking lot near Clay Road and Highway 6 on the morning of Oct. 10 when his unmarked SUV crossed a median and hit him from behind. Parra Hernandez suffered a broken leg and is recovering in a rehabilitation facility while in ICE custody. ICE says he ran in front of the vehicle and calls the claim that he was struck on purpose "reckless and false." Lindenmuth says it was an accident that happened as Morales swerved to avoid another car.
The case has also put ICE's hiring surge under scrutiny. Morales joined the agency in August 2025. NBC News reported that he resigned from the Texas Department of Criminal Justice in 2018 while on probation for falsifying records of security rounds. His lawyer describes him as an Army veteran and an ordained pastor.
Morales is presumed innocent unless proven guilty in a court of law.
Photos: Bianca Seward/Houston Public Media. Video: Brandon Hamilton/ABC13 Houston
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